M/S Keshani Construction Company Majhgawan vs. Commissioner (Appeals)

WP/8799/2022HC Madhya PradeshGST10 May 2022Bench: HON'BLE SHRI JUSTICE SUJOY PAUL2 pages
For Petitioner: Arya BhattFor Respondent: Assistant Solicitor General
AI SummaryRemanded

Held

The Court did not express any opinion on the merits of the case. The petition was disposed of based on the agreement between the parties. The petitioner was expected to avail the personal hearing scheduled for May 13, 2022. If the hearing concluded on that date, Respondent No. 1 (Commissioner (Appeals)) was directed to decide the matter in accordance with the law within 30 days from the conclusion of the hearing. No specific findings were made on any GST-related issues, as the court's focus was on procedural compliance and expedition.

Facts

The petitioner, M/s Keshri Construction Company, filed a writ petition before the Madhya Pradesh High Court. The petition was against the Commissioner (Appeals) CGST and Central Excise and the Assistant Commissioner CGST and Central Excise. The specific tax period and the amount in dispute were not recorded in the judgment. The procedural history indicates that the matter was listed for personal hearing on May 13, 2022, following a short reply by the respondent. The parties agreed to this course of action.

Key Issues

1. Whether the matter can be decided expeditiously after a personal hearing on a specific date? The petitioner, M/s Keshri Construction Company, sought a resolution to their case. The respondent, represented by counsel, agreed to a timeline for decision-making post-personal hearing. The court was not asked to decide on the merits of the GST dispute itself, but rather on the procedural aspect of expediting the resolution. No specific legal provisions were debated or relied upon by either side in relation to the substantive GST issues.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE SHRI JUSTICE SUJOY PAUL & SHRI JUSTICE DWARKA DHISH BANSAL ON THE 10th OF MAY, 2022 WRIT PETITION No. 8799 of 2022 Between:- M/S KESHRI CONSTRUCTION COMPANY MAJHGAWAN THROUGH ITS PARTNER SHRI SAHIL SINGH AGED ABOUT 46 YEARS 307/1, HANSRAJ DISTT. DAMOH, M.P. (MADHYA PRADESH) .....PETITIONER (BY SHRI RAJMANI MISHRA, ADVOCATE) AND 1. COMMISSIONER (APPEALS) CGST AND CENTRAL EXCISE GST BHAVAN 48-A ADMINISTRATIVE AREA ARERA HILLS, BHOPAL, M.P. (MADHYA PRADESH) 2. ASSISTANT COMMISSIONER CGST AND CENTRAL EXCISE DAMOH DAMOH, M.P. (MADHYA PRADESH) .....RESPONDENTS (BY SHRI GAJENDRA SINGH, ADVOCATE) This petition coming on for hearing this day, JUSTICE SUJOY PAUL passed the following:

ORDER Shri Rajmani Mishra, learned counsel for M/s Keshri Construction Company.

Shri Gajendra Singh, learned counsel for the respondent.

During the course of hearing, the parties agreed as in view of short reply the matter is listed for personal hearing on 13.05.2022. 1 (SUJOY PAUL) JUDGE (DWARKA DHISH BANSAL) JUDGE Shri Gajendra Singh, learned counsel for the petitioner submits that if hearing takes place on the said d

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Reproduced from the public record of the Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.